1 Message from the Lords,A Message was brought from the Lords, as follows:

The Lords have agreed to the Christmas Day (Trading) Bill, with Amendments; to which they desire the concurrence of this House.

2 Christmas Day (Trading) Bill,Lords Amendments to the Christmas Day (Trading) Bill to be considered on Friday 15th October; and to be printed [Bill 159].

3 New Member sworn,Iain David Wright, Member for Hartlepool, was sworn.

4 Mental Capacity Bill,The Order of the day being read, for the Second Reading of the Mental Capacity Bill;

And a Motion being made, and the Question being put, That the Bill be now read a second time;
The House divided.

Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 326.

Tellers for the Noes, Ann Winterton, Mr David Amess: 62.

So the Question was agreed to.
The Bill was accordingly read a second time.

5 Mental Capacity Bill (Programme),A Motion was made, and the Question being put forthwith pursuant to Orders [28th June 2001 and 6th November 2003 (Programming of Bills)], That the following provisions shall apply to the Mental Capacity Bill

Committal

1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 28th October 2004.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed(Joan Ryan);
The House divided.

A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Mental Capacity Bill, it is expedient to authorise the payment out of money provided by Parliament of

(a) any expenditure of a Minister of the Crown under that Act, and

(b) any increase attributable to that Act in the sums payable under any other Act out of money so provided(Joan Ryan):It was agreed to.

7 Mental Capacity Bill (Carry-over),A Motion was made, and the Question being put forthwith pursuant to Order [29th October 2002 (Carry-over of Bills)], That if at the conclusion of this Session of Parliament, proceedings on the Mental Capacity Bill have not been completed, they shall be resumed in the next Session(Joan Ryan):It was agreed to.

8 Approximation, Mutual Recognition and Enforcement of Criminal Sanctions,A Motion was made, and the Question being put forthwith pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 9317/04, Green Paper on the approximation, mutual recognition and enforcement of criminal sanctions in the European Union; notes that this forms part of the wider Justice and Home Affairs agenda; and supports the Government's position that the Green Paper is a preliminary document which will need considerable further discussion(Joan Ryan):It was agreed to.

9 Home Affairs,Ordered, That Mr David Cameron be discharged from the Home Affairs Committee and Mr Damian Green be added.(Mr John McWilliam, on behalf of the Committee of Selection.)

10 Trade and Industry,Ordered, That Mr Andrew Lansley be discharged from the Trade and Industry Committee and Miss Julie Kirkbride be added.(Mr John McWilliam, on behalf of the Committee of Selection.)

11 Public Petitions,A Public Petition from residents of Gloucester for joint working between the Government, police, retail employers and shop workers to tackle retail crime was presented and read; and ordered to lie upon the Table and to be printed.

12 Public Petitions,A Public Petition from residents of Wakefield against the Wakefield Resettlement Project was presented; and ordered to lie upon the Table and to be printed.

13 Adjournment,A Motion was made, and the Question being proposed, That this House do now adjourn(Joan Ryan);

And the Motion having been made after Ten o'clock, and Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then two minutes to Eleven o'clock, till to-morrow.
[Adjourned at 10.58 p.m.

Michael J. Martin

Speaker

Mr Speaker will take the Chair at half-past Eleven o'clock.

APPENDIX I

Papers presented by Her Majesty's Command and delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 158 (Presentation of command papers):

2 Treaty Series (No. 36, 2004),Agreement, done at Skopje on 10th March 2000, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Macedonia on Co-operation in the Fields of Education, Science and Culture [Cm. 6319] [Mr Secretary Straw].

3 Treaty Series (No. 32, 2004),Treaty, done at Athens on 16th April 2003, between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union including the Protocols and Final Act with Declaration [Cm. 6312] [Mr Secretary Straw].

Wednesday 22nd September 2004

4 Education and Skills,Government Response to the Third Report from the Education and Skills Committee, Session 2003-04, on the draft School Transport Bill [Cm. 6331] [Mr Secretary Clarke].

7 Foreign Affairs,Government Response to the Seventh Report from the Foreign Affairs Committee, Session 2003-04, on Foreign Policy Aspects of the War Against Terrorism [Cm. 6340] [Mr Secretary Straw].

8 Treaty Series (No. 38, 2004),Agreement, done at Canberra on 19th June 2001, on the Conservation of Albatrosses and Petrels [Cm. 6333] [Mr Secretary Straw].

Friday 1st October 2004

9 Treaty Series (No. 40, 2004),Agreement, done at St John's on 10th March 1997, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Antigua and Barbuda concerning the Investigation, Restraint and Confiscation of the Proceeds and Instruments of Crime [Cm. 6336] [Mr Secretary Straw].

Wednesday 6th October 2004

10 European Communities (No. 5, 2004),Protocol, done at Brussels on 28th November 2002, amending the Convention on the Establishment of a European Police Office (Europol Convention) and the Protocol on the Privileges and Immunities of Europol, the Members of its Organs, the Deputy Directors and the Employees of Europol, with an Explanatory Memorandum [Cm. 6337] [Mr Secretary Straw].

12 Miscellaneous (No. 11, 2004),Draft Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Police College, with an Explanatory Memorandum [Cm. 6342] [Mr Secretary Straw].

13 Transport,Government Response to the Fourteenth Report from the Transport Committee, Session 2003-04, on The Work of the Maritime and Coast Guard Agency [Cm. 6343] [Mr Secretary Darling].

Papers delivered to the Votes and Proceedings Office on the undermentioned dates during the adjournment pursuant to Standing Order No. 159 (Presentation of statutory instruments):

43 Health Care and Associated Professions,(1) General Medical Council (Constitution of Panels and Investigation Committee) Rules Order of Council 2004 (S.I., 2004, No. 2611),

(2) General Medical Council (Fitness to Practise) Rules Order of Council 2004 (S.I., 2004, No. 2608),
(3) General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies) Procedure Rules Order of Council 2004 (S.I., 2004, No. 2607),
(4) General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations Order of Council 2004 (S.I., 2004, No. 2609), and
(5) Medical Act 1983 (Amendment) Order 2002 (Transitional Provision) Order of Council 2004 (S.I., 2004, No. 2610),

62 Culture, Media and Sport,Government Response to the Seventh Report from the Culture, Media and Sport Committee, Session 2003-04, on Drugs and Role Models in Sport: Making and Setting Examples [by Command] [Cm. 6347] [Secretary Tessa Jowell].

64 Employment and Training,Report and Financial Statements of Investors in People UK Ltd for 2003-04 [by Act] [Mr Secretary Clarke].

65 Government Resources and Accounts,Report and Accounts of the Sea Fish Industry Authority for 2003-04, with the Report of the Comptroller and Auditor General thereon [by Act]; to be printed [No. 1014] [Secretary Margaret Beckett].

66 Miscellaneous (No. 10, 2004),Optional Protocol, done at New York on 6th October 1999, to the Convention on the Elimination of All Forms of Discrimination Against women, with an Explanatory Memorandum [by Command] [Cm. 6316] [Mr Secretary Straw].

68 Office of the Deputy Prime Minister,(1) Minute by the Office of the Deputy Prime Minister concerning an indemnity issued under the Land Stabilisation Programme for the Northwich Salt Mines Project [by Command] [Mr Secretary Prescott], and

(2) Government Response to the Ninth Report from the Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Committee, Session 2003-04, on Local Government Revenue [by Command] [Cm. 6321] [Mr Secretary Prescott].

(i) from Mr Robert O'Neill and other residents of Reading for the retention of Kings Meadow and Caversham Lock as public amenities, and

(ii) from Rob and Mojisola Green, the staff of the Humberstone Park Café, Leicester, against the proposed sale of the Café building by Leicester City Council;

(2) Secretary of State for the Home Department on the Petition [21st July] from the Yellow Advertiser newspaper and others for the deployment of extra police officers in Southend, in Essex;
(3) Secretary of State for Trade and Industry on the Petition [21st July] from residents of Gloucester against plans by Morrisons to close the Post Office in Abbeydale; and
(4) Secretary of State for Transport on the Petition [14th September] from people of the Romford Parliamentary Constituency against the building of a Crossrail depot within Romford

(2) Report under section 56(7) of the Reserve Forces Act 1996 of a call-out order under section 56(1) of that Act

[by Act] [Mr Secretary Hoon].

72 Transport,Statement on salaries of members of the British Waterways Board [by Act] [Secretary Margaret Beckett].

73 Work and Pensions,Department for Work and Pensions Minute concerning an indemnity agreement between the Department for Work and Pensions and Help the Aged in respect of the Better Government for Older People programme [by Command] [Mr Secretary Johnson].

2 Children Bill [Lords] (Programming Sub-Committee),The Speaker has appointed Mr Vernon Coaker in place of Derek Twigg as a member of the Programming Sub-Committee of Standing Committee B in respect of the Bill.

THE SPEAKER'S CERTIFICATE (PARLIAMENT ACTS)

The Speaker has certified, under the provisions of the Parliament Acts 1911 and 1949, that the Hunting Bill, as compared with the Hunting Bill sent up to the House of Lords in the last Session, contains only such alterations as are necessary owing to the time which has elapsed since the date of that Bill.